Patrick Higgins has called a meeting of the Recreation Commission for tonight, even though his board voted him out of his chairman’s seat at its last meeting.

It seems that Higgins may not be able to get a quorum at the meeting, and may possibly be the only member in attendance.

Susan Ambroziak, voted the commission’s new chairwoman on Oct. 24, while Higgins was serving time in a Pennsylvania prison for a probation violation, said she was not attending the meeting. She said Higgins had no right to call a meeting.

Harold Higgins, the commission’s vice chairman and Higgins’ father, is also not planning to attend the meeting.

“He has no right to post a meeting,” said Harold Higgins. “No, I won’t be there. He’s not the chair.”

Harold Higgins said the town clerk’s office should not have accepted and posted the meeting.

Treasurer Helen Tackett will be unable to attend, according to Higgins.

Secretary Bethany Ortiz said she was unsure about whether she would go to the meeting.

“I don’t know,” Ortiz said.

She said there is confusion about who is the true chairperson of the commission. Ortiz said she spoke to Town Administrator James Kern on Wednesday and is awaiting an opinion from Town Attorney Arthur Frank. She said she didn’t know how long that may take.

Frank said that it would be a time-consuming process to foster a legal opinion about the reorganization of the Recreation Commission. He said he’d have to collect all of the October meeting minutes and learn more about the commission’s bylaws.

The commission, while Higgins was away in October, voted to suspend its bylaws, though the vote seemed unclear at that meeting.

Frank said he’d also have to view the commission’s meeting tapes to determine that vote and gain other information, and possibly ask members to fill out a questionnaire.

Kern said Frank won’t have an answer for them by the scheduled meeting and that they’ll either have to “work it out themselves” or wait for a legal opinion.

For recreation members, time is of the essence.

Voters will be asked to terminate the group at special Town Meeting on Nov. 19. Article No. 13 seeks to change the commission from an elected to an appointed board, thereby ending all commissioners’ elected terms.

Tonight’s Recreation Commission meeting is slated for 6:30 p.m. at the school administration building.

The agenda contains an exhaustive list of items including rescinding the “illegal” votes taken during the October meetings, a talk about the 2014 budget, a talk about special Town Meeting, a discussion on how to resolve Open Meeting Law complaints filed by Patrick Higgins regarding the October meetings, a “vision” of the commission, and some housekeeping items and upcoming events.

Page 2 of 2 - Higgins said last week that removing him as chairman was “illegal” and a “blatant” violation of the Open Meeting laws. He said if the commission does not rescind that vote, he will file a lawsuit in superior court. He also said the commission cannot legally suspend its bylaws.